Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Thursday, October 12, 2006

Wine, Women, and Taxis

Thanks to Lisa for updating the story of Somali taxi drivers' conscience claims.  Just to be (relatively) clear on my position, I would oppose the state legally empowering individual drivers to refuse passengers on any moral ground the driver deems relevant.  I would also (more tentatively) oppose the state forbidding taxi companies from working out limited accommodations of the drivers' conscience claims.  Within these two boundaries, there remains plenty of room for debate.  If the state (i.e., the airport commission) is simply proposing a system for allowing drivers to self-identify as a way of avoiding the transport of liquor from the airport, that seems sensible provided that there are plenty of drivers who would not so identify.  Having the state facilitate gender discrimination (the story of Lisa's friend) is a different story, both because of the invasiveness of the moral judgment involved (my status as a woman versus my status as someone carrying a bottle of wine) and because gender equality, after decades of debate in the marketplace of ideas, can, in my view, be considered a foundational norm in our society that is the proper object of state regulation, at least on matters of political and economic participation (which would include access to publicly licensed transportation).

Rob

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